High Court of Punjab and Haryana, Chandigarh
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The Marathan Coop. Group Housing Society v. Haryana Urban Development Authority, Pan - CWP-13043-2006  RD-P&H 5601 (17 August 2006)
CWP NO.13043 of 2006
DATE OF DECISION: August 21, 2006
The Marathan Coop. Group Housing Society Ltd., Palwal ....Petitioner
Haryana Urban Development Authority, Panchkula and others .....Respondents
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE R.S.MADAN
PRESENT: Shri Atul Lakhanpal, Advocate for the petitioner.
Notice of motion to the respondents No.1 and 2 only, at this stage.
On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of the said respondents.
Copies of the writ petition have been supplied to the learned counsel for the respondents.
The petitioner society has sought directions against respondents No.1 and 2 to allot the land to the society for residential purposes. Reliance in this regard has been placed on the allotment done in the case of respondent No.3.
From the perusal of the record, we find that before approaching this Court, the petitioner has chosen not to approach the respondents seeking the requisite relief. It is well settled that a writ of mandamus is not maintainable without first raising demand of justice before the competent authority.
Consequently, we dispose of the present petition with a liberty to the petitioner society to approach respondent No.2, Estate Officer, HUDA, Faridabad by filing a detailed and comprehensive representation by appending all the relevant documents within a period of four weeks from the date a certified copy of this order is received. On receipt of the aforesaid representation, the Estate Officer, HUDA, Faridabad shall decide the said representation by passing a detailed and speaking order within a period of four months of filing of the representation and after affording an opportunity to the representative of the petitioner society.
A copy of the order be given dasti on payment of usual charges.
August 21, 2006 (R.S. Madan)
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